Nissan Radiator Defect Class Action Lawsuit Settlement
In the Nissan Radiator Defect Class Action Lawsuit Settlement, a group of Nissan customers actually said that the company were providing vehicles that had problems with the radiator. The company has also been accused of not informing those who buy the vehicles that there is something wrong with the radiator. In the settlement, the company has basically agreed to pay for the cost to repair the defective radiators. This could possibly be for tens of thousands of vehicles.
So if you bought the Nissan Pathfinder, Nissan Xterra or Nissan Frontiers for model years 2005 to 2010, you may be able to take part in the Nissan Radiator Defect Class Action Lawsuit Settlement. Apparently the plaintiff in this case is William Szymczak. He actually filed the lawsuit in 2010 and said that the vehicles were leaking coolant into the transmission. This caused a lot of problems and made the vehicle dangerous. He was upset that the company did not recall them because they knew about the issue. They also did not offer to pay for repair costs for free. He said the company also did not reimburse them for the cost of the repair of the vehicles.
So with this settlement, the company has agreed to reimburse all those who own, lease, previously owned or previously leased the vehicles for cost of repair. The repair cost is for a maximum of 10 years or 100,000 miles. Those who own or lease these vehicles and paid for the repairs before nine years or 90,000 miles will only get reimbursement for the cost of repairs after they have paid the $2500 deductible. Repairs that were done between 9 years and 10 years can be reimbursed after a $3000 co-payment. Even though this seems like a lot of money to put up front in order to get reimbursed for the cost of the repair, this is actually not bad because repair of defective radiators can cost more than $5000.
The way that the payment has been calculated actually saves the customers money as the deductibles caps the amount that they would have to pay. Also by doing this, the customers do not have to go and look for the cheapest repair job that they can find. This is actually a compromise and is supposed to be reasonable. I think that this is not fair. It is after all not the fault of the consumer who buys the car. They have already paid the company a lot of money for the car. Nobody logically goes out and buys a defective car. You would not go to the grocery store and buy rotten tomatoes.
I think that the company should be responsible to pay for the entire cost of the repairs – no ifs, ands or buts. So if you are a Class Member, I would suggest that you appeal for full payment. It is absolutely ridiculous that you have to pay anything for buying a dud. What angers me the most is the fact that the company knew about this and did not tell the customers about it. And this is not even a small defect. This is actually a huge defect that can cost thousands of dollars to get repaired. So how does the company get away with it?
So far the preliminary approval hearing has not been set. Once it has been set and the settlement has been approved, you will be able to start the appeal process. The lawsuit is called the In re: Nissan Radiator/Transmission Cooler Litigation. The case number is 10-CV-07493. This is for the New York court. Specifically for the Southern District. Right now I did not find a website where you can get all the information. Once the website has been set up, you will be able to go there and get all the information that you need. If you are eligible to get a refund for the cost of the repairs, you will most likely get a postcard in the mail or even an email. If you do get a postcard in the mail, there may be some additional information on the card that may tell you how to make your claims. Sometimes you are sent a notice of the settlement. The notice will have even more detailed information on what you can do. So do keep a lookout for that.
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